That of course is YOUR interpretation of “Natural born”.
Ted Cruz was born in Canada. His mother was a U.S. citizen. His father, a Cuban, was not. Under U.S. law, the fact that Cruz was born to a U.S. citizen mother makes him a citizen from birth. In other words, he is a “natural born citizen” (as opposed to a naturalized citizen) and is constitutionally eligible.
This is not a particularly controversial interpretation of Article II, section 1. Here is an excerpt from a recent article by Neal Katyal and Paul Clement, “On the Meaning of ‘Natural Born Citizen,’ “ in the Harvard Law Review Forum:
All the sources routinely used to interpret the Constitution confirm that the phrase “natural born Citizen” has a specific meaning: namely, someone who was a U.S. citizen at birth with no need to go through a naturalization proceeding at some later time. And Congress has made equally clear from the time of the framing of the Constitution to the current day that, subject to certain residency requirements on the parents, someone born to a U.S. citizen parent generally becomes a U.S. citizen without regard to whether the birth takes place in Canada, the Canal Zone, or the continental United States.
While some constitutional issues are truly difficult, with framing-era sources either nonexistent or contradictory, here, the relevant materials clearly indicate that a “natural born Citizen” means a citizen from birth with no need to go through naturalization proceedings. . . .
1. Constitutional Convention – “Born a Citizen” v “Natural Born Citizen”:
When developing a new U.S. Constitution for the United States of America, Alexander Hamilton submitted a suggested draft on June 18, 1787. In addition, he also submitted to the framers a proposal for the qualification requirements in Article II as to the necessary Citizenship status for the office of President and Commander in Chief of the Military.
Alexander Hamilton’s suggested presidential eligibility clause:
No person shall be eligible to the office of President of the United States unless he be now a Citizen of one of the States, or hereafter be born a Citizen of the United States.
Many of the founders and framers expressed fear of foreign influence on the person who would in the future serve as President of the United States since this particular office was singularly and uniquely powerful under the proposed new Constitution. This question of foreign influence was elevated when John Jay considered the additional power granted to the Presidency during times of war, that is when he serves as Commander in Chief of the military. Jay felt strongly that whoever served as President and Commander In Chief during times of war must owe their sole allegiance to and only to the United States.
Because this fear of foreign influence on a future President and Commander in Chief was strongly felt, Jay took it upon himself to draft a letter to General George Washington, the presiding officer of the Constitutional Convention, recommending/hinting that the framers should strengthen the Citizenship requirements for the office of the President.
John Jay was an avid reader and proponent of natural law and particularly Vattel’s codification of natural law and the Law of Nations. In his letter to Washington he said that the Citizenship requirement for the office of the commander of our armies should contain a “strong check” against foreign influence and he recommended to Washington that the command of the military be open only to a “natural born Citizen”. Thus Jay did not agree that simply being a “born Citizen” was sufficient enough protection from foreign influence in the singular most powerful office in the new form of government. Rather, Jay wanted to make sure the President and Commander In Chief owed his allegiance solely to the United States of America. He wanted another adjective added to the eligibility clause, i.e., ‘natural’. And that word ‘natural’ goes to the Citizenship status of one’s parents via natural law.
Below is the relevant change to Hamilton’s proposed language detailed in Jay’s letter written to George Washington dated 25 July 1787:
Permit me to hint, whether it would be wise and seasonable to provide a strong check to the admission of Foreigners into the administration of our national Government; and to declare expressly that the Command in Chief of the American army shall not be given to nor devolve on, any but a natural born Citizen.
See a transcription of Jay’s letter to Washington at this link.
Upon receiving Jay’s letter, General Washington passed on the recommendation to the convention where it was adopted in the final draft. Thus Article II, Section 1, Clause 5 of the U.S. Constitution, the fundamental law of our nation reads:
Article II, Section 1, Clause 5 of U.S. Constitution as adopted 17 September 1787:
No Person except a natural born Citizen, or a Citizen of the United States, at the time of the Adoption of this Constitution, shall be eligible to the Office of President; neither shall any person be eligible to that Office who shall not have attained to the Age of thirty five Years, and been fourteen Years a Resident within the United States.
There you have the crux of the issue now before the nation and the answer.
Hamilton’s suggested presidential citizenship eligibility requirement was that a Citizen simply had to be ‘born a Citizen’ of the USA, i.e., a Citizen by Birth. But that citizenship status was overwhelmingly rejected by the framers as insufficient. Instead of allowing any person “born a citizen” to be President and Commander of the military, the framers chose to adopt the more stringent requirement recommended by John Jay, i.e., requiring the Citizen to be a “natural born Citizen“, to block any chance of future Presidents owing allegiance to other foreign nations or claims on their allegiance at birth from becoming President and Commander of the Military.. Therefore, the President of the United States must be a “natural born citizen” with unity of citizenship and sole allegiance to the United States at birth. [SOURCE CREDIT]
So why do we keep hearing about the President only needing to be “born a citizen”? Well, let’s start with the fallacy of the 14th amendment trumping Article II -